Peeling Back the Layers of LNG Development – A Primer
on the Regulatory Framework for LNG Projects in BC
In an increasingly competitive global market for natural gas, the race to export liquefied natural gas (LNG) to Asia is on. With LNG attracting a premium price in Asia, Canada is vying with the United States, Australia, Russia, East Africa and the Middle East to rapidly build the infrastructure required to move LNG to key markets in Japan, Korea, Taiwan, China and India. By positioning the LNG industry in British Columbia (BC) as a key driver for economic and jobs growth over the next few years, the BC government is sending a clear message – the time to act is now.

LNG project proponents are discovering there are many layers of policy and regulation underlying the development of the LNG industry. This article will examine the current policy and regulatory framework for the development of LNG projects in BC, as well as consider some of the challenges facing project proponents. Read the article by Selina Lee-Andersen with McCarthy Tetrault.

BC Hydro Rates Head Skyward as Province Unveils 10-Year Plan
An electricity rate hike announced [November 26^th] by the BC Liberal government is less than contemplated by BC Hydro this fall, but households, businesses and industrial users will still pay significantly more starting in 2014.

And critics argue there may be even greater hikes coming as projects such as the proposed $7.9-billion Site C hydroelectric dam come on stream, possibly in 2024, and the BC Liberals continue to put off the full cost of capital projects in so-called deferral accounts.

Electricity rates will increase 15.6 per cent in 2014 and 2015 (9 per cent and 6 per cent, respectively), less than the 26.4 per cent outlined by BC Hydro in an internal document leaked in September. Read Vancouver Sun article.

Mining Association of BC and WorkSafeBC Release
Business Improvement Toolkit
The Mining Association of BC (MABC), in partnership with WorkSafeBC, is pleased to release a unique Business Improvement Toolkit aimed at industry-wide education, and improvements to service delivery models for managing workplace injuries and recovery in the mining industry.

While the mining industry in BC remains the safest heavy industry in the province, the Toolkit will help ensure that when injuries do happen, everyone involved can work together to see that the best care and recovery plan is in place to help workers get back on their feet. To read the full news release and to download the Toolkit click here.

Forest Industry-Led Committees Recommend Significant Changes to
Prequalification Audit System Known as "SAFE Companies"
Forest industry-led committees recommend significant changes to prequalification audit system known as "SAFE Companies" and "SAFE Certified"

• Primary purpose of changes is to help industry further reduce injuries and fatalities
• Equal focus on planning and execution of work activities
• Committees want BC Forest Safety Council safety advisors to do in-field audits to ensure consistent standards and reduced costs, especially for small companies
• Calling on rest of industry to provide input and feedback

Over the course of the next two months BC forest industry companies and contractors are encouraged to review a discussion paper containing proposed changes to the SAFE Companies Certification for Forestry system and provide feedback to industry steering and working committees. Read the full article published on the BC Forest Safety Council website.

Fisheries Act Changes Come into Force on November 25, 2013
– New fish habitat provisions, authorization process and increased penalties
Significant and much anticipated changes to the Fisheries Act regime referred to in the September 2012 and October 2012 editions of EnviroNotes! will finally take effect on November 25, 2013. These changes will shift the focus of protection from "fish habitat" to "fisheries". Although the government says the changes are designed to streamline the law and reduce the amount of regulation, the initial implementation period will likely be marked by a heightened degree of uncertainty as regulators and the regulated come to terms with the meaning of the new provisions. This will be exacerbated by the new Fisheries Protection Policy and Operational Approach, both of which have just been released. The new Applications for Authorization Regulations also take effect on November 25, 2013. This sets out the process, information requirements and timelines for Authorizations under section 35(2)(b). Read the full article by Tony Crossman with the firm Miller Thomson.

Environmental Assessment in Canada and Aboriginal Law: Some Practical
Considerations for Navigating through a Changing Landscape
This paper was prepared by Timothy P. Leadem, QC, of T. Leadem Law Corporation, Vancouver, BC, for the Continuing Legal Education Society of British Columbia, October 2013. Click here to view the paper.

Environmental Appeal Board Decisions
A number of Environmental Appeal Board decisions were released in the month of November. These included the following

• Water Act – Jason Ralph Frank v. Regional Water Manager [FINAL DECISION – APPEAL DISMISSED] Full-text
• Environmental Management Act – Shawnigan Residents Association; Cowichan Valley Regional District v. Director, Environmental Management Act [FINAL DECISION – STAY GRANTED] Full-text
• Water Act – District of Lake Country v. Assistant Regional Water Manager [FINAL DECISION – APPEALS DISMISSED IN PART] Full-text

Canada's Oil Spill Response Flawed in High-Risk Regions like Southern BC: Report
Canada's oil spill response regime is "fundamentally sound," though flaws include a lack of federal leadership and a system that isn't braced for disasters in areas like southern BC, according to a federal panel report released [recently].

The panelists are also calling on Ottawa to remove the limitation on industry-funded compensation in the event of massive spill, which is currently set at a maximum of $1.3 billion.

"Canadian taxpayers should not bear any liability for spills in Canadian waters."

The three Harper government-appointed panelists also said Canada's "rigid, national" preparedness regime fails to adequately target specific high-risk regions.

"For example, in the Strait of Juan de Fuca, Canada should be prepared for a spill of crude oil due to the volumes being moved and the environmental and socio-economic sensitivities present."

The report comes less than two months after the BC government released its own report on deficiencies in Canada's spill response system. Read the Vancouver Sun article.

Water Regulation Changes Streamline Permitting Process
The water licence application process will become easier for clients, effective December 6, 2013. Amendments to the water regulation to assist clients in obtaining permit approvals faster include:

• Changing the quick licensing procedures to allow applicants to deliver information to landowners electronically regarding water licence applications where there is ample water available. Currently, information about the application must be delivered by hard copy; and
• Eliminating the current requirement to provide duplicate signatures on water licence applications.

Starting December 6, 2013, the application for new water licences will be available online, replacing the existing paper application forms. www.frontcounterbc.gov.bc.ca The online water licence amendment application will follow a few weeks later. Read the government news release.